CompFox AI Summary
The applicant sought reconsideration or removal of an interim order granting the defendant an employer's credit against a third-party settlement. The applicant contended the credit was improperly awarded without a hearing, especially given contested issues like employer negligence. The Appeals Board dismissed the removal petition as premature but granted reconsideration. They rescinded the interim order, finding the applicant was denied due process by not having a fair opportunity to be heard on the substantive issues. The case is remanded for further proceedings and a new decision at the trial level.
Full Decision Text1 Pages
The applicant sought reconsideration or removal of an interim order granting the defendant an employer's credit against a third-party settlement. The applicant contended the credit was improperly awarded without a hearing, especially given contested issues like employer negligence. The Appeals Board dismissed the removal petition as premature but granted reconsideration. They rescinded the interim order, finding the applicant was denied due process by not having a fair opportunity to be heard on the substantive issues. The case is remanded for further proceedings and a new decision at the trial level.
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